Sexual Act with a Child Under 10 Years of Age
Sexual Act With a Child Under 10 years of Age is an offence under section 66DC of the Crimes Act 1900, wWhich carries a maximum penalty of 7 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that you intentionally:
- You carried out a sexual act with or towards a child under the age of 10 years, or
- You incited the child to carry out a sexual act with or towards you, or
- You incited a third person to carry out a sexual act with or towards the child, or
- You incited the child to carry out a sexual act with or towards a third person
‘Sexual act’ is defined as any act, other than sexual touching, which is carried out in circumstances where a reasonable person would consider it sexual.
Matters considered when deciding whether an act is sexual include:
- Whether the area of the body involved is the person’s genital area, anal area or, in the case of a female, or a transgender or intersex person identifying as female, the breasts, or
- Whether the acts is for sexual arousal or sexual gratification, or
- Whether any other aspect or circumstance makes it sexual
Conduct which may amount to a sexual act includes:
- Masturbating
- Inciting another to masturbate
- Carrying out a simulated sexual act, and
- Inciting another to carry out a simulated sexual act.
An act is not sexual if it is carried out for a genuine medical or hygienic purpose.
Duress is a defence to the charge.
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